DOVER — Seth Mazzaglia strangled University of New Hampshire sophomore Elizabeth “Lizzi” Marriott with a rope during what his girlfriend described as a consensual sex act before meticulously destroying the evidence, new court documents say.

Joey Cresta

DOVER — Seth Mazzaglia strangled University of New Hampshire sophomore Elizabeth “Lizzi” Marriott with a rope during what his girlfriend described as a consensual sex act before meticulously destroying the evidence, new court documents say.

However, Bob and Melissa Marriott, the parents of Lizzi Marriott, released a statement calling claims that the encounter was consensual “reprehensible, salacious and intentionally designed to suggest Lizzi's murder was the accidental consequence of a bizarre, abnormal consensual act.”

Senior Assistant Attorney General Jeffery Strelzin said “there is no allegation of anything 'consensual' in the murder indictments, just the opposite.”

A Strafford County grand jury this month indicted Dover murder suspect Mazzaglia on multiple counts, shedding new light on the investigation into the Oct. 9 death of 19-year-old Marriott.

The grand jury handed up four indictments against Mazzaglia, 30. Three of the counts are alternate theories alleging murder. Two are first-degree murder counts, one alleging he “purposely” caused Marriott's death by strangulation, the other alleging he “knowingly” caused her death.

According to the court documents made available Tuesday in Strafford Superior Court, Mazzaglia allegedly strangled Marriott with a rope during the commission of a sex act. Court documents say Kathryn “Kat” McDonough, 19, Mazzaglia's girlfriend at the time and co-defendant in this case, told members of Mazzaglia's defense team that Marriott died “accidentally” and the sex act was consensual.

However, one of the first-degree murder charges alleges that Mazzaglia killed Marriott before, after, during or while attempting to commit felonious sexual assault, and caused her serious injuries by overcoming her through physical force, violence or superior physical strength.

“We think it strongly supports the conclusion that there was a nonconsensual act and that Lizzi was murdered with intent,” said George Thompson, an attorney representing the Marriott family. “We think that the defendants had several days to concoct an alibi that best suits their interests going forward ... and that defies credibility.”

The third murder charge is one count of second-degree murder, alleging Mazzaglia “recklessly” caused Marriott's death.

Mazzaglia has also been indicted on one count of conspiracy to commit hindering apprehension or prosecution. McDonough, 19, of Portsmouth, has been indicted on three charges alleging witness tampering, lying to investigators and conspiring with Mazzaglia to do the same.

The indictment against Mazzaglia provides the most comprehensive details yet as to the lengths he and McDonough allegedly went to cover up the crime. Court documents say they deleted text messages, disposed of articles of clothing and other items, and concocted a false alibi regarding their whereabouts on the night of Marriott's death.

According to court documents, at about 11:05 p.m. Oct. 9, after Mazzaglia killed Marriott, McDonough created and sent a text message to Marriott's phone asking why Marriott did not show up at Mazzaglia's apartment as planned.

Authorities have said that the last anyone heard from Marriott, she told a friend she was leaving the UNH campus to visit with friends in Dover. Her car was later found on campus. Court documents claim Mazzaglia and McDonough used Marriott's car to take her body to Peirce Island in Portsmouth, where they dumped her remains into the Piscataqua River. They then abandoned Marriott's car in a UNH parking lot, according to court documents.

The indictment alleges Mazzaglia and McDonough also broke and disposed of Marriott's cell phone and GPS, and discarded in various Dumpsters in Portsmouth and Dover numerous items, including a suitcase and tarp that had been used to transport Marriott's body, the rope used in the killing, various articles of clothing and other items belonging to Marriott, and clothing and items belonging to Mazzaglia and McDonough.

Strelzin said he could not comment on whether investigators recovered any of those discarded items.

That same night, Mazzaglia and McDonough allegedly began to discuss how they would cover up the killing, the indictment said. At some point in October, they discussed “how they would claim that Elizabeth Marriott had died accidentally during a consensual sexual encounter,” according to the indictment.

The Marriott family blasted that version of events, saying Mazzaglia chose to attack Lizzi Marriott's reputation and legacy in order to spare himself a life sentence.

“The statements are a complete fabrication and are more indicative of Mr. Mazzaglia's twisted sense of reality and responsibility as opposed to Lizzi's character and the life she led for 19 years,” the family's statement said.

Thompson said Mazzaglia's and McDonough's behavior following Marriott's death is inconsistent with the typical response to an accidental death. If it had been an accident, they would not have disposed of the body or concocted a false alibi, he said.

“Typical human behavior is when you injure somebody, you call 911 or give them assistance. That didn't happen here,” he said. “I can't speak to his (Mazzaglia's) intent, but there is just no way that Lizzi went there to consent to this type of high-risk conduct. In all probability, he refused to take no for an answer.”

Marriott's body has not been located despite intensive searches of the waters around Peirce Island in the weeks after her disappearance. Authorities said “credible information” led them to believe Marriott's body was dumped into the water around the Portsmouth island after her death.

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